Layout Design Order, 1999 · As enacted · Part IV · Remedies for Infringement
Section 38
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2), where a person has commenced proceedings alleging an infringement of layout design rights in an eligible layout design, the court may, on the application of any person against whom such proceedings are brought, if it is satisfied that they were unjustified -
layout design rights
"layout design rights" means the exclusive rights specified in section 12 in relation to an eligible layout design;
make an order striking out the proceedings; and
(b}
make an order for the payment of damages for any loss suffered by the person against whom the proceedings were brought.
(2}
The court shall not grant relief under this section if the defendant proves that the acts in respect of which the proceedings 125
Assignments and licences of layout design rights.
Cap.
4.
Groundless legal proceedings.
BRUNEI DARUSSALAM GOVERNMENT GAZETTE were brought constituted, or if done, would have constituted, an infringement of the layout design rights.
Terms defined in s 2
eligible layout design
Defined · s 2"eligible layout design" means an original layout design - (a} the maker or, in relation to a jointly-made layout design, any one or more of the makers, of which was, at the time that layout design was made, an eligible person; or {b) that was first commercially exploited in Brunei Darussalam or in a qualifying country;
layout design rights
Defined · s 2"layout design rights" means the exclusive rights specified in section 12 in relation to an eligible layout design;